[E-trademarks] Recordal question

Thu May 30 09:21:55 EDT 2024

Agree with Daniel below.

Also, perhaps there could be more than one transaction to consider, or not.  For example, WY Corp. (registrant) and NV Public Benefit Corp. do a merger, NV Public Benefit Corp. is the surviving entity, then NV Public Benefit Corp. changes its name to WY Corp.  As relevant to the trademarks, that seems like two transactions, i.e. a new owner by merger and its name change.  In contrast, WY Corp. (registrant) and NV Public Benefit Corp. do a merger, WY Corp. (registrant) is the surviving entity, then WY Corp. changes its name to NV Public Benefit Corp.  As relevant to the trademarks, that seems like one transaction, i.e. the name change, because the registrant remains the same entity.

Best regares,
Ramón

> On May 29, 2024, at 10:48 PM, daniel--- via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> 
> In my simple world, the IRS gives tax EIN numbers, while the US states have stastutes and case law
> to define legal entities.  I would not assume that a continued, proper, use of a tax ID means the
> WY Corp is the same legal entity.  I’d like to see what the “subsumed” document(s) say.
> Unless “subsume” has special meaning in WY or NV, it might be buy assets, buy stock (subsidiary),
> merger, other stuff.
> 
> Daniel Kegan
> Kennett Square PA
> 
>> On May 29, 2024, at 8:36 PM, Lara Pearson via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
>> 
>> Happy humpday listfriends:
>> 
>> I hope this finds you smiling.
>> 
>> A client, WY Corp was subsumed by a newly formed NV Public Benefit Corp. The tax ID (EIN) stayed the same, so it is legally the same entity.
>> 
>> I need to update the USPTO record with the new owner's name, but I am not clear whether this is considered a transfer, and if so, what kind, or if this is a name change?
>> 
>> In addition to helping name what the transaction is called, what supporting docs would you submit (understanding that none may be required, but wanting to have as clear and a complete chain of title as possible)?
>> 
>> Thank you!
>> 
>> Gratefully, 
>> 
>> Lara Pearson (she/her/hers) [Why pronouns <https://medium.com/gender-inclusivit/why-i-put-pronouns-on-my-email-signature-and-linkedin-profile-and-you-should-too-d3dc942c8743>?] (Hear how I say my name <https://namedrop.io/larapearson>)
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Best regards,
RGVC

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